The EB1 visa is one of the most sought-after pathways to a U.S. green card, designed for individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers. Securing an EB1 visa demands strong evidence of eligibility, and working with an EB1 visa lawyer can significantly improve the chances of approval.
Here at the Rijal Law Firm, we’ve helped many to determine which kind of visa was right for them. Then, we did everything in our power to help them get it.
EB1 Visa Categories
The EB1 visa is divided into distinct classifications:
- EB1A: Aliens with Extraordinary Ability
- EB1B: Outstanding Professors and Researchers
Each category has specific requirements, and applicants must demonstrate that they meet the criteria set by U.S. Citizenship and Immigration Services (USCIS).
EB1A: For Individuals with Extraordinary Ability
The EB1A visa is reserved for individuals who have risen to the top of their field, demonstrating sustained national or international acclaim. Unlike other employment-based visas, EB1A applicants do not need a job offer or employer sponsorship—they can self-petition.
Who Qualifies for EB1A?
To qualify, applicants must provide evidence of extraordinary ability in sciences, arts, education, business, or athletics. USCIS requires meeting at least three of the following criteria (or providing comparable evidence if the standards do not apply):
- Receipt of major internationally recognized awards (e.g., Nobel Prize, Pulitzer, Olympic Medal)
- Membership in associations requiring outstanding achievements
- Published material in major media about the applicant’s work
- Participation as a judge of others’ work in the field
- Original contributions of major significance
- Authorship of scholarly articles in distinguished publications
- Display of work at artistic exhibitions or showcases
Those are just some of the criteria. Remember: alternatively, a single piece of evidence, such as a globally recognized award, may suffice. We can help you determine if you meet the eligibility criteria.
Is EB1A Right for You?
This category is ideal for:
- Researchers with groundbreaking publications
- Athletes with international recognition
- Artists with major exhibitions or critical acclaim
- Business leaders with significant industry impact
We can help compile a compelling petition, ensuring that the evidence meets USCIS standards.
EB1B: Outstanding Professors and Researchers
The EB1B visa is designed for those who are internationally recognized for their academic contributions. Unlike EB1A, EB1B requires a job offer from a U.S. employer, typically a university, research institution, or private company with a documented research department.
Who Qualifies for EB1B?
Applicants must demonstrate at least three years of teaching or research experience and provide evidence of international recognition, including but not limited to:
- Major awards or prizes
- Membership in associations requiring outstanding achievements
- Original scientific or scholarly contributions
- Authorship of academic books or articles
Is EB1B Right for You?
This visa suits:
- University professors with extensive publications
- Researchers employed by private firms with a strong R&D focus
- Scientists with peer-reviewed work and citations
Employers must file the petition, but an EB1 visa lawyer from our firm can ensure the application meets all USCIS requirements.
Why Work with an EB1 Visa Lawyer?
The EB1 visa is one of the most prestigious and advantageous pathways to a U.S. green card, offering priority processing and exemption from the labor certification requirement (PERM). However, the application process is highly rigorous, and USCIS adjudicators scrutinize each petition closely. Even highly accomplished individuals with strong credentials may face challenges in presenting their case effectively.
This is where a lawyer from our firm can help. We can help applicants navigate the complexities of the EB1 visa process, maximize their chances of approval, and avoid costly mistakes.
Ensuring Eligibility and Selecting the Right EB1 Category
An EB1 visa lawyer can assess an applicant’s background, determine the strongest category, and advise on whether additional evidence or alternative visa options (such as EB2-NIW) might be more appropriate.
Building a Strong, Well-Documented Case
USCIS requires extensive documentation to prove eligibility. For EB1A and EB1B petitions, applicants must meet at least three (or more) regulatory criteria, such as:
- Receipt of major awards
- Published scholarly articles
- Evidence of original contributions to the field
- High salary or media recognition
However, simply submitting documents is not enough—they must be presented in a way that clearly satisfies USCIS standards. Common pitfalls include:
- Vague or generic recommendation letters (USCIS expects detailed, specific testimonials from peers)
- Insufficient evidence of international recognition (local awards may not suffice)
- Poorly organized documentation (disorganized petitions can lead to requests for evidence or denials)
An EB1 visa attorney helps by:
- Drafting persuasive legal arguments that tie evidence to USCIS requirements
- Ensuring recommendation letters are strong, detailed, and authoritative
- Structuring the petition in a way that highlights the applicant’s most compelling achievements
Avoiding Common Mistakes That Lead to RFEs or Denials
Many EB1 petitions receive Requests for Evidence (RFEs) or denials due to avoidable errors, such as:
- Failing to prove sustained acclaim (one-time achievements may not be enough)
- Submitting irrelevant or weak evidence (USCIS looks for high-impact contributions)
- Incorrectly filing forms (even minor errors can trigger delays)
An EB1 visa attorney from our firm can overcome these issues by:
- Conducting a thorough pre-filing review to identify gaps in evidence
- Ensuring all forms are correctly completed
- Preparing for potential RFEs by including supplementary materials upfront
- Many other actions
Crafting a Compelling Narrative for USCIS
USCIS officers review hundreds of petitions, and a well-structured, persuasive narrative can make an application stand out. A strong EB1 petition should:
- Clearly explain the applicant’s field and significance of their work
- Demonstrate how their contributions have influenced the industry or academia
- Highlight the applicant’s future potential in the U.S.
An EB1 visa lawyer helps craft this narrative by:
- Writing a customized cover letter that frames the applicant’s achievements
- Strategically selecting and presenting evidence to build a cohesive case
- Using legal precedents and USCIS policy memos to strengthen arguments
Handling Complex Cases and Appeals
Some EB1 cases involve unique challenges, such as:
- Applicants from less common fields (e.g., artists, business consultants)
- Cases where evidence is spread across multiple countries
- Previous visa denials or immigration complications
An EB1 visa lawyer can:
- Develop alternative strategies to demonstrate eligibility
- Address past immigration issues that may affect the case
- File motions to reopen or appeal denied petitions when appropriate
The Value of Legal Guidance in EB1 Visa Cases
While it is possible to file an EB1 petition without legal help, the stakes are high—a denial can mean lost time, missed opportunities, and additional costs. An EB1 visa lawyer provides expertise, strategic planning, and peace of mind, significantly improving the likelihood of success.
For those considering the EB1 visa, consulting with an experienced immigration attorney early in the process can make all the difference. Schedule a free case evaluation today.
